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Employment Law

More union members in 2011, thanks to private-sector gains

02/22/2012

Changing economic conditions and favorable rule-making in Washington helped U.S. union membership increase to 14.8 million workers last year, according to the Bureau of Labor Statistics. Organized labor gained 49,000 new members in 2011.

Court: False harassment complaint is grounds for termination

02/22/2012
A recent state appellate court decision offers clarification about how employers can handle an employee’s false or exaggerated sexual harassment complaints.

Jury awards almost $865,000 to Muslim security guard

02/22/2012
A San Francisco jury has awarded $865,000 to a Muslim security guard who says his co-workers and super­visors called him a terrorist and an al-Qaida member.

New state wage theft act requires pay notices

02/22/2012

California’s Wage Theft Prevention Act, which went into effect Jan. 1, criminalizes willful violations for nonpayment of wages and sets civil penalties for failure to pay minimum wages. It also requires employers to provide employees with wage notices …

Drivers, forklift operators win $17.7 million in age-bias suit

02/22/2012
Six Los Angeles-area soda company employees will share a whopping $17.7 million in damages awarded after they successfully sued the Dr Pepper Snapple Group and related companies for age discrimination.

Employee resigns in the middle of litigation? Courts unlikely to order you to change policies

02/22/2012
When courts find that an employee has been discriminated against, they often order the employer to end the practice or policy that was the basis for the lawsuit. But when the employee voluntarily quits before the case is over, that remedy isn’t available.

Employee has complained about discrimination? He still has to follow all legitimate rules

02/22/2012

After an employee files an EEOC or internal discrimination complaint, it’s natural for him to worry about retaliation. Every move by a supervisor or HR will be filtered through that lens. You need to be on guard against retaliation, too.

Beware harassment suit when boss has affair

02/22/2012
Under California law, a supervisor’s affair (and presumed favoritism) with a subordinate may be grounds for a hostile work environment claim by other subordinates.

Audit hiring patterns to spot hidden age bias

02/22/2012

When employers choose the youngest candidate for a job, older candidates may suspect age bias played a role. That could mean a lawsuit is looming. If a disappointed applicant sues, it won’t help the employer that the overall candidate pool included many older applicants. What matters is who was selected.

Automatic pay deduction for lunch: Is it legal?

02/22/2012
You don’t have to pay hourly employees for meal breaks of 30 minutes or more, as long as they are completely relieved of their duties during the break. Many employers automatically de­­duct the meal period from time worked. But make sure there’s an easy way for employees who occasionally work through their meal breaks to report the additional paid time.